Federal Housing Finance Agency v. General Electric Company et al
| Federal Housing Finance Agency |
| GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., Morgan Stanley & Co. Inc., General Electric Company, Credit Suisse Securities (USA) LLC and GE Mortgage Holding, L.L.C. |
| 1:2011cv07048 |
| October 6, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L Cote |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1441 nr |
| None |
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Filing 221
AMENDED ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants") as further set forth in this order. (Signed by Judge Denise L. Cote on 2/25/2013) (lmb)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/14/2013. (Court Reporter Bill Williams) (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 2/7/2013. (Court Reporter Carol Ganley) (gr) |
| Filing 220 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed with prejudice. (Signed by Judge Denise L. Cote on 1/22/13)(abl) |
| Filing 219 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Credit Suisse Securities (USA) LLC, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc.. Document filed by Federal Housing Finance Agency. (Kasowitz, Marc) |
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Filing 218
FIRST AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 1/11/2013) (djc)
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| Filing 217 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung on behalf of the plaintiff dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr) |
| Filing 216 Letter addressed to Judge Cote from Edward Bennett on behalf of Bank of America and Merrill Lynch defendants dated 12/17/2012 re: mortgage fraud reports produced by the GSEs to OFHEO. (gr) |
| Filing 215 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for the plaintiff dated 12/14/12 re: defendants' request for GSE compensation data. (gr) |
| Filing 214 Letter addressed to Judge Cote from Richard Klapper for all defendants dated 12/13/2012 re: defendants' request for GSE compensation data. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(gr) |
| Filing 213 Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: disputes regarding plaintiff''s document discovery requests. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr) |
| Filing 212 Letter addressed to Judge Cote from Edward Bennett on behalf of defendants dated 12/13/12 re: FHFA's proposed revisions to deposition protocol. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4A, #5 Exhibit 4B)(gr) |
| Filing 211 Letter addressed to Judge Cote from Philippe Selendy and others on behalf of FHFA dated 12/13/12 re: revision to deposition protocol. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(gr) |
| Filing 210 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/17/12 re: supplemental information in support of defendants' second request for non-PLS documents. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(gr) |
| Filing 209 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung for FHFA dated 12/14/12 re: defendants' second set of requests for non-PLS documents. (gr) |
| Filing 208 Letter addressed to Judge Cote from Richard Klapper on behalf of all defendants dated 12/12/12 re: defendants' second set of requests for non-PLS documents. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(gr) |
| Filing 207 Letter addressed to Judge Cote from Edward Bennett dated 12/17/12 re: source metadata. (gr) |
| Filing 206 Letter addressed to Judge Cote from Philippe Selendy et al. for the plaintiff dated 12/12/12 re: source metadata. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr) |
| Filing 205 Letter addressed to Judge Cote from Edward Bennett for defendants dated 12/7/12 re: source metadata. (gr) |
| Filing 204 Letter addressed to Judge Cote from N. Mahmood Ahmad for defendants dated 12/13/12 re: documents bearing on defendants' discovery requests related to GSE originator audits. (gr) |
| Filing 203 Letter addressed to Judge Cote from Christine Chung and Manisha Sheth for the plaintiff dated 12/13/12 re: GSE originator audits. (gr) |
| Filing 202 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE originator audits. (gr) |
| Filing 201 Letter addressed to Judge Cote from Richard Schirtzer dated 12/13/12 re: GSE automated underwriting programs. (gr) |
| Filing 200 Letter addressed to Judge Cote from Edward Bennett dated 12/7/12 re: GSE automated underwriting programs. (gr) |
| Filing 199 Letter addressed to Judge Cote from Penny Shane dated 12/14/12 re: submission of defendants in further support of 12/7/12 discovery requests. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(gr) |
| Filing 198 Letter addressed to Judge Cote from Richard Schirtzer and Kanchana Leung dated 12/13/12 re: plaintiff's response to defendants' 12/7/12 discovery requests. (gr) |
| Filing 197 Letter addressed to Judge Cote from Penny Shane dated 12/13/12 re: Supplemental exhibits in support of defendants' 12_7_12 discovery application. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit)(gr) |
| Filing 196 Letter addressed to Judge Cote from Penny Shane dated 12/7/2012 re: Defendants' single-family discovery requests. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(gr) |
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Filing 195
ORDER OF DISCONTINUANCE: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is hereby discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty days. So Ordered. (Signed by Judge Denise L. Cote on 12/21/2012) (mt)
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| Filing 194 Letter addressed to Hon. Denise Cote from Steven M. Cady dated 11/27/2012 re: writing to provide the Court an update on Plaintiff's and Defendants' joint efforts to secure loan files and underwriting guidelines relating to loans in Plaintiffs' sample. (Attachments: #1 Exhibit Letter to Credit Rating Agency, #2 Exhibit Letter to Due Deligence Firm)(gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference held on 12/17/2012. (Court Reporters Sonia Huggins and Carol Ganley) (gr) |
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Filing 193
ORDER Corrected Order Regarding Deposition Protocol (Signed by Judge Denise L. Cote on 12/15/12) (SAH)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 12/14/2012. (Court Reporters Denise Williams and Toni Stanley) (gr) |
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Filing 192
ENDORSED LETTER: addressed to Judge Denise L. Cote from Michael S. Shuster dated 11/29/2012 re: Counsel writes to inform the Court that I am no longer a member of Kasowitz, Benson, Torres & Friedman LLP ("KBTF"), the firm acting as counsel to plaintiff Federal Housing Finance Agency ("FHF A") in the above-referenced matters. FHF A continues to be represented by KBTF, and no substitution of counsel has occurred nor has my new firm, Holwell Shuster & Goldberg LLP, been engaged to represent FHFA in these matters as co-counsel. Accordingly, Counsel respectfully requests that the Court enter an order removing me from the dockets and ECF distributions in connection with the above-referenced matters. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 12/5/2012) (js)
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Filing 191
ORDER: These cases having been referred to me to oversee settlementdiscussions, it is hereby ORDERED that a conference will be held toaddress the framework for these settlement discussions on Friday,January 11, 2013, at 2:00 PM in Courtroom 18D, United StatesCourthouse, 500 Pearl Street, New York, New York. ( Settlement Conference set for 1/11/2013 at 02:00 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 12/12/2012) (ago)
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Filing 190
ORDER It is hereby ORDERED that a conference will be held to address the issues raised in defendants' December 7 letters and any outstanding discovery issues on Friday, December 14 at 2:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that no later than 10:00 AM on Thursday, December 13, defendants may submit any underlying documents that support their applications and the plaintiff shall submit its responsive letters and any supporting materials. Any submissions must comply with Rule 2C of this Courts Individual Rules of Practice in Civil Cases. (Signed by Judge Denise L. Cote on 12/10/12) (SAH)
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| Filing 189 Submission addressed to Judge Cote from all defendants dated 11/19/12 re: schedule for loan file re-underwriting and expert discovery. (Attachments: #1 Text of Proposed Order)(gr) |
| Filing 188 Letter addressed to Judge Cote from FHFA dated 11/19/12 re: schedule for re-underwriting and expert discovery. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
| Filing 187 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/12 re: plaintiff's production of documents. (gr) |
| Filing 186 Letter addressed to Judge Denise Cote from FHFA dated 11/19/12 re: status of discovery. (Attachments: #1 Exhibit)(gr) |
| Filing 185 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/19/2012 re: defendants' proposals regarding deposition protocol. (gr) |
| Filing 184 Letter addressed to Judge Denise Cote from Philippe Selendy and others dated 11/19/2012 re: plaintiff's submission regarding deposition protocol. (Attachments: #1 Exhibit)(gr) |
| Filing 183 Letter addressed to Judge Denise Cote from all parties dated 11/19/12 Joint submission re deposition protocol. (Attachments: #1 Text of Proposed Order)(gr) |
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Filing 182
STIPULATION AND SCHEDULING ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties: The time for each Defendant to answer or respond to the operative Complaint, to the extent not dismissed, in each respective action shall be extended by thirty (30) days beyond the time otherwise applicable under the Federal Rules of Civil Procedure. (Signed by Judge Denise L. Cote on 12/3/2012) (rjm)
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Filing 181
OPINION & ORDER: The above captioned actions are part of a suite of sixteen cases currently before this Court in which the Federal Housing Finance Agency ("FHFA" or "the Agency"), as conservator for Fannie Mae and Freddie Mac (together, the "Government Sponsored Enterprises" or "GSEs"), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007. This Opinion addresses a joint motion by all defendants in fifteen actions to challenge the plaintiff's sampling methodology on the basis of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Accordingly, defendants' motion is denied. Defendants' October 26 motion to exclude is denied. (See Opinion & Order) (Signed by Judge Denise L. Cote on 12/3/2012) (ja)
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Filing 180
ORDER REGARDING DEPOSITION PROTOCOL: Except as specifically provided herein, this Deposition Protocol shall govern all oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), taken in the above-captioned actions pending in the U.S. District Court for the Southern District of New York (the "SDNY Actions" or the "Actions"), which were brought by the Federal Housing Finance Agency ("FHFA"), as conservator for the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac") (together, the "Government Sponsored Entities" or "GSEs") against defendants to the Actions (collectively, "Defendants"). During the November 15, 2012 Conference in the SDNY Actions, and as previously indicated by the Court in the SDNY Actions in its May 15, 2012 order and at the June 13, 2012 hearing, the Court provided as follows with respect to oral and written discovery depositions of party and non-party fact witnesses (including depositions of Rule 30(b)(6) witnesses), to be taken in the Actions as set forth herein. (Signed by Judge Denise L. Cote on 11/27/2012) (djc)
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Filing 179
MEMORANDUM Attached to this Memorandum are blackline comparisons of the Courts November 26 Expert Scheduling Order with the parties respective submissions of November 19. These comparisons are provided as a courtesy to the parties and carry no controlling weight. Any issue related to the schedule or procedures for expert discovery in these cases is governed by the signed Order of November 26. (Signed by Judge Denise L. Cote on 11/27/12) (SAH)
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Filing 178
REVISED PRETRIAL SCHEDULING ORDER. The attached consolidated schedule shall govern the further conduct of pretrial proceedings in these cases. (Signed by Judge Denise L. Cote on 11/26/12) (SAH)
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Filing 177
ORDER regarding the schedule for expert discovery. (Signed by Judge Denise L. Cote on 11/26/12) (SAH)
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| Filing 176 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(gr) |
| Filing 175 Letter addressed to Judge Denise Cote from Jay B. Kasner dated 11/14/12 re: defendants' request for production of documents related to plaintiff's forensic review of loan files. (Attachments: #1 Exhibit A)(gr) |
| Filing 174 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: the status of discovery in FHFA Actions since Nov. 6, 2012. (Attachments: #1 Exhibit A, #2 Exhibit B)(gr) |
| Filing 173 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) |
| Filing 172 Letter addressed to Judge Denise Cote from David Woll dated 11/14/12 re: re-underwriting and expert discovery schedules for cases in Trial Tranches 3 & 4. (gr) |
| Filing 171 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: schedule governing loan reunderwriting and expert discovery. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(gr) |
| Filing 170 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/14/12 re: proposed deposition protocol. (gr) |
| Filing 169 Defendants November 14 Submission On Expert Discovery And Deposition Protocol (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
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Filing 168
JOINT STIPULATION AND ORDER REGARDING THE PROVISION OF LOAN TAPE INFORMATION TO NON-PARTIES. Plaintiff and Defendants, by and through their counsel of record hereby agree that Plaintiff shall establish and maintain an FTP site through which each Loan File Custodian will have access to the information as further specified in this stipulation and order primarily derived from loan tapes produced by Defendants for loans at issue in the Actions: (i) the entity that originated the loan or possesses the loan files; (ii) the Action in which the loan is at issue; (iii) the securitization that includes the loan; (iv) the loan number(s) for the loan; (v) the origination date for the loan; and (vi) the state where the mortgaged property is located. This information is publicly available, generally known, and not confidential or sensitive ("Non-Confidential Loan Tape Information"), and as further set forth herein. (Signed by Judge Denise L. Cote on 11/19/2012) (rjm)
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| Filing 167 DECLARATION of Arnold Barnett, PH.D. in Support re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1)(Broderick, Vernon) |
| Filing 166 DECLARATION of Lauren A. Moskowitz in Support re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Broderick, Vernon) |
| Filing 165 REPLY MEMORANDUM OF LAW in Support re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Broderick, Vernon) |
| Filing 164 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: Fannie Mae custodians. (gr) |
| Filing 163 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: schedule for reunderwriting reports in non-UBS cases. (gr) |
| Filing 162 STATUS REPORT of defendants regarding new and pending applications. (Certain exhibits filed under seal.) (Attachments: #1 Declaration of Penny Shane, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit)(gr) |
| Filing 161 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others on behalf of plaintiff Federal Housing Finance Agency dated 11/5/12 re: defendants' proposed motion to compel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(gr) |
| Filing 160 Letter addressed to Judge Denise Cote from Penny Shane dated 11/5/12 re: Proposed motion to compel. (Attachments: #1 Proposed motion, #2 Memorandum in support, #3 Declaration of Penny Shane)(gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 11/15/2012. (Court Reporter Bridgett Lombardozzi) (gr) |
| Filing 159 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: the status of the parties meet-and-confer sessions since October 15, 2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(gr) |
| Filing 158 Letter addressed to Judge Denise Cote from Philippe Z. Selendy and others dated 11/5/12 re: FHFA search terms and dates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(gr) |
| Filing 157 Letter addressed to Judge Denise Cote from Edward Bennett dated 10/26/12 re: FHFA search terms and dates. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(gr) |
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Filing 156
MEMORANDUM OPINION & ORDER denying discovery of privileged witness statements. (Signed by Judge Denise L. Cote on 11/9/12) (gr)
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| Filing 155 Letter addressed to Judge Denise Cote from Jon Corey dated 11/8/12 re: privileged witness interviews. Document filed by Federal Housing Finance Agency as Conservator For The Federal National Mortgage Association and The Federal Home Loan Mortgage Corporation.(gr) |
| Filing 154 Letter addressed to Judge Denise Cote from Amanda Davidoff dated 11/8/12 re: privileged witness interviews. Document filed by All Defendants. (Attachments: #1 Exhibit Filed under seal, #2 Exhibit)(gr) |
| Filing 153 Letter addressed to Judge Denise Cote from Jon Corey dated 11/6/12 re: privileged witness interviews. Document filed by FEDERAL HOUSING FINANCE AGENCY, AS CONSERVATOR FOR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION.(gr) |
| Filing 152 MEMORANDUM OF LAW in Opposition re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). / Plaintiff's Memorandum of Law in Opposition to Defendants Motion to Exclude The October 10, 2012 Expert Report of Charles D. Cowan, Ph.D. Regarding Sampling Methodology. Document filed by Federal Housing Finance Agency. (Hanin, Michael) |
| Filing 151 DECLARATION of Charles D. Cowan, Ph.D. In Response to Declaration of Arnold Barnett, Ph.D. in Opposition re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by Federal Housing Finance Agency. (Hanin, Michael) |
| Filing 150 DECLARATION of Nicholas F. Joseph in Opposition re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Hanin, Michael) |
| Filing 149 REPLY MEMORANDUM OF LAW in Support re: #88 MOTION to Dismiss.. Document filed by Morgan Stanley & Co. Inc.. (Rouhandeh, James) |
| Filing 148 REPLY MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Broderick, Vernon) |
| Filing 147 Letter addressed to Judge Cote from Reginald R. Goeke dated 10/29/2012 re: response to the October 26, 2012 letter from FHFA. Document filed by Ally Financial Inc., GMAC Mortgage Group, Inc.(gr) |
| Filing 146 Letter addressed to Judge Cote from Kanchana Wangkeo Leung dated 10/26/2012 re: Request for appropriate relief against defendants AFL and GMACM. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(gr) |
| Filing 145 Letter addressed to Judge Cote from Philippe Selendy dated 11/5/2012 re: discovery disputes. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(gr) |
| Filing 144 Letter addressed to Judge Denise Cote from Steven M. Cady dated 11/8/12 re: Bank of America subpoenas. Document filed by Bank of America Corporation.(gr) |
| Filing 143 Letter addressed to Judge Denise Cote from Christine H. Chung dated 11/8/12 re: Bank of America subpoenas. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (gr) |
| Filing 142 Letter addressed to Judge Denise Cote from Edward Bennett dated 11/5/12 re: Bank of America subpoenas. Document filed by Bank of America Corporation. (gr) |
| Filing 141 Letter addressed to Judge Denise Cote from Christine Chung dated 10/28/12 re: Bank of America subpoenas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(gr) |
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Filing 140
ORDER It is hereby ORDERED that FHFAs October 28 application is granted. The Bank of America defendants shall forthwith withdraw the subpoenas served on the SEC and Zuckerman Spaeder, LLP. (Signed by Judge Denise L. Cote on 11/9/12)(SAH)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Conference held on 11/6/2012. (Court Reporter Paula Speer) (gr) |
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Filing 139
JOINT STIPULATION AND ORDER Concerning Modification of Defendants' Rule 45 Subpoenas Duces Tecum of Non-Party Originators. (Signed by Judge Denise L. Cote on 11/6/12) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (SAH)
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Filing 138
JOINT ORDER regarding coordination with FHFA v. RBS, 3:11-cv-01383-AWT (D. Conn.) (Signed by Judge Denise L. Cote on 11/5/12, nunc pro tunc to 11/1/12) (SAH)
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Filing 137
SCHEDULING ORDER: It is hereby ORDERED that the conference will not be held over the telephone but will instead take place in-person tomorrow, November 6, at 2:00 PM in Courtroom 15B of the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 11/5/12)(SAH)
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| Filing 136 DECLARATION of Lauren A. Moskowitz in Support re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Broderick, Vernon) |
| Filing 135 DECLARATION of Declaration of Arnold Barnett, Ph.D. in Support re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Broderick, Vernon) |
| Filing 134 MEMORANDUM OF LAW in Support re: #133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.).. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Broderick, Vernon) |
| Filing 133 MOTION to Exclude (Notice of Defendants' Preliminary Daubert Motion to Exclude the October 10, 2012 Expert Report of Charles D. Cowan, Ph.D.). Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(Broderick, Vernon) |
| Filing 132 MEMORANDUM OF LAW in Opposition re: #91 MOTION to Dismiss Plaintiff's Amended Complaint., #88 MOTION to Dismiss. / Plaintiff's Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss the Amended Complaints. Document filed by Federal Housing Finance Agency. (Kasowitz, Marc) |
| Filing 131 DECLARATION of / Supplemental Omnibus Declaration of Kanchana Wangkeo Leung in Support of Plaintiff's Opposition to Defendants' Motions to Dismiss the Amended Complaints in Opposition re: #91 MOTION to Dismiss Plaintiff's Amended Complaint., #88 MOTION to Dismiss.. Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 64, #2 Exhibit 65, #3 Exhibit 66, #4 Exhibit 67, #5 Exhibit 68, #6 Exhibit 69, #7 Exhibit 70, #8 Exhibit 71, #9 Exhibit 72, #10 Exhibit 73, #11 Exhibit 74, #12 Exhibit 75, #13 Exhibit 76, #14 Exhibit 77)(Kasowitz, Marc) |
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Filing 130
ORDER It is hereby ORDERED that the Court will hold a conference to address any outstanding discovery disputes at 10:30 AM on October 30, 2012 (the October 30 Conference).IT IS FURTHERED ORDERED that no later than 10:00 AM on October 29, the parties shall submit any materials they wish the Court to consider in advance of the October 30 Conference.IT IS FURTHER ORDERED that after reviewing any submissions, the parties shall confer and make a recommendation to the Court no later than 4:30 PM on October 29 whether the October 30 Conference should be conducted in-person or telephonically. (Signed by Judge Denise L. Cote on 10/19/12) (SAH)
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| Filing 129 MEMORANDUM OF LAW in Opposition re: #88 MOTION to Dismiss. / Plaintiff Federal Housing Finance Agency's Memorandum of Law in Opposition to Morgan Stanley's Motion to Dismiss the Amended Complaint. Document filed by Federal Housing Finance Agency. (Kasowitz, Marc) |
| Filing 128 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/18/2012 re: Counsel for plaintiff Federal Housing Finance Agency ("FHFA")writes that, Certain Defendants have pointed out that, while the parties continue to meet and confer, Defendants in fact have not yet agreed to produce all testimony and related exhibits from their lists of relevant investigations and litigations, as may be suggested by the FHFA status report submitted earlier today. FHFA hereby corrects its report accordingly, and advises that it may need to raise this issue again at the next status conference. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) |
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Filing 127
ORDER As discussed at a conference with the parties on October 15, it is hereby ORDERED that no later than noon on Monday, October 22, the plaintiff and RBS shall jointly submit to this Court and the District Court in Connecticut a proposed coordination order that clearly indicates any areas of disagreement between the parties. (Signed by Judge Denise L. Cote on 10/18/12)(SAH)
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Filing 126
SCHEDULING ORDER: Motion for Summary Judgment in 11 Civ. 5201 due by 7/23/2013. Response due by 8/20/2013. Reply due by 8/30/2013. (Signed by Judge Denise L. Cote on 10/18/12)(SAH)
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Filing 125
ORDER It is hereby ORDERED that any defendant that intends to challenge the admissibility of the October 10 Report pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), shall so notify the plaintiff no later than October 19. IT IS FURTHER ORDERED that the following schedule shall govern the briefing of any motion to exclude the October 10 Report on Daubert grounds: Motion served by October 26, 2012. Opposition served by November 9, 2012. Reply served by November 16, 2012. IT IS FURTHER ORDERED that any defendant that fails to file a motion in accordance with the schedule provided by this Order will be deemed to have waived any Daubert objection that might fairly be asserted in response to the information contained in the October 10 report. (Signed by Judge Denise L. Cote on 10/18/12) (SAH)
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| Filing 124 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, Richard A. Schirtzer, Manisha M. Sheth, Michael Hanin dated 10/18/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) in accordance with the Court's directive at the conference held on Monday, October 15, 2012, to submit this report regarding the meet-and-confer sessions held this week in the FHFA Actions. (rjm) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Conference held on 10/15/2012 to address discovery disputes. (Court Reporter Paula Speer) (gr) |
| Filing 123 STATUS REPORT. / Plaintiff FHFA's Status Report on Third Party Subpoenas Document filed by Federal Housing Finance Agency.(Johnson, Christopher) |
| Filing 122 Letter addressed to Judge Denise L. Cote from Adam M. Abensohn dated 10/15/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency ("FHFA"), as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, regarding coordination of discovery in FHFA v. Royal Bank of Scotland PLC, et al., No. 3:11-cv-01383 (AWT), pending before Chief Judge Thompson in the District of Connecticut (the "RBS Action"), and the 16 FHFA actions pending before Judge Cote in the Southern District of New York (the "S.D.N.Y. Actions"). Document filed by The Federal Home Loan Mortgage Corporation.(ama) |
| Filing 121 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/15/2012 re: We write on behalf of Plaintiff Federal Housing Finance Agency (FHFA) to request that the Court set a briefing schedule for any objections by Defendants (other than UBS) to the Expert Report of Charles D. Cowan, Ph.D. Regarding the Selection of Statistically Valid Random Samples for Fifteen FHFA Actions (the Second Cowan Report), which FHFA served on the relevant Defendants on October 10, 2012. Document filed by Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency, Federal Housing Finance Agency.(ama) |
| Filing 120 STATUS REPORT. Defendants' Report on Loan File Production Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Broderick, Vernon) |
| Filing 119 STATUS REPORT. ("Credit Suisse's Report On The Status Of Production Of Loan Files"). Document filed by Credit Suisse Securities (USA) LLC.(Clary, Richard) |
| Filing 118 STATUS REPORT. Document filed by Morgan Stanley & Co. Inc.. (Attachments: #1 Exhibit A)(Rouhandeh, James) |
| Filing 117 STATUS REPORT. - The GE Defendants' Report on the Production of Loan Files Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(Broderick, Vernon) |
| Filing 116 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: On behalf of defendants in the above-referenced actions (Defendants), we write to request that the Court's Order dated October 11, 2012 (the October 11 Order) be made to apply to all parties, rather than to Defendants alone. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, Ace Securities Corp., Ally Financial Inc., Norman Chaleff, DB Structured Products, Inc., Deutche Bank AG, Deutsche Bank Securities Inc., GMAC Mortgage Group, Inc., HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Neal Leonard, Gerard Mattia, Mortgageit Securities Corp., RBS Securities, Inc., Taunus Corporation, John Voigtman, Todd White, Asset Backed Funding Corporation, Banc of America Funding Corporation, Banc of America Mortgage Securities, Inc., Bank of America Corporation, Bank of America, National Association, George C. Carp, Robert Caruso, George E. Ellison, Adam D. Glassner, Daniel B. Goodwin, Juliaana Johnson, Aashish Kamat, Michael J. Kula, James H. Luther, William L. Maxwell, Merrill Lynch, Pierce, Fenner & Smith, Inc., Mark I. Ryan, Antoine Schetritt, Arnaud Denis, Deutsche Bank Securities Inc., Abner Figueroa, Orlando Figueroa, J.P. Morgan Securities LLC, SG Americas Securities Holdings, LLC, SG Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage Securities, LLC, Tony Tusi, First Franklin Financial Corp., Donald C. Han, Michael M. McGovern, Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Paul Park, Donald J. Puglisi, Brian T. Sullivan, Matthew Whalen, Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc., Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills, Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael Wade, Gerald L. Baker, Charles G. Burkett, Credit Suisse Securities (USA) LLC, FTN Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon National Corporation, First Tennessee Bank National Association, J.P. Morgan Securities, LLC, Peter F. Makowiecki, Merrill Lynch, Pierce Fenner & Smith Inc., UBS Securities LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Douglas K. Johnson, Juliana C. Johnson, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P. Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A. Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc., David Findlay, Nathan Gorin, N. Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit & Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura Securities International, Inc., Ally Securities, LLC, Citigroup Global Markets, Inc., GMAC-RFC Holding Company, LLC, Goldman, Sachs & Co., J.P. Morgan Securities LLC, Residential Accredit Loans, Inc., Residential Asset Mortgage Products, Inc., Residential Asset Securities Corporation, Residential Capital LLC, Residential Funding Company, LLC, UBS Securities LLC, Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, David Beck, Brian Bernard, Larry Breitbarth, Richard Careaga, Thomas W. Casey, Citigroup Global Markets, Inc., Christine E. Cole, Megan M. Davidson, Craig S. Davis, Art Den Heyer, Marangal I. Domingo, David M. Duzyk, EMC Mortgage LLC, Stephen Fortunato, Katherine Garniewski, Troy A. Gotschall, Thomas Green, J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Keith Johnson, Rolland Jurgens, Joseph T. Jurkowski, Jr, William A. King, Suzanne Krahling, Thomas G. Lehmann, Stephen Lobo, Long Beach Securities Corporation, Kim Lutthans, Marc K. Malone, Thomas F. Marano, Jeffrey Mayer, Edwin F. McMichael, Samuel L. Molinaro, Jr, Michael B. Nierenberg, Diane Novak, Michael L. Parker, Matthew E. Perkins, RBS Securities Inc. (f/k/a Greenwich Capital Markets Inc.), John F. Robinson, Louis Schioppo, Jr, Structured Asset Mortgage Investments II Inc., Jeffrey L. Verschleiser, WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Donald Wilhelm, David H. Zielke, Alexander C. Frank, Howard Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital Holdings LLC, Craig S. Phillips, Saxon Asset Securities Company, Saxon Capital, Inc., Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.(ama) |
| Filing 115 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/12/2012 re: On behalf of the UBS Defendants in the above-referenced action, we write to correct a misrepresentation contained in Plaintiff's letter sent to the Court earlier today. Document filed by UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, UBS Securities LLC, UBS Securities LLC.(ama) |
| Filing 114 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy and Richard A. Schirtzer dated 10/12/2012 re: We write on behalf of Plaintiff the Federal Housing Finance Agency (FHFA) in response to Defendants letter of yesterday, in which they ask this Court to apply its October 11 Order to FHFA. Document filed by Federal Housing Finance Agency.(ama) |
| Filing 113 NOTICE OF APPEARANCE by Richard J Stark on behalf of Credit Suisse Securities (USA) LLC (Stark, Richard) |
| Filing 112 Letter addressed to Judge Denise L. Cote from Beth A. Stewart dated 10/11/2012 re: Counsel for defendants writes on behalf of all defendants in response to FHFA's October 9, 2012 letter ("FHFA Ltr.") seeking a Rule 26(c) protective order precluding and a Rule 45 Order modifying, subpoenas served by Defendants o third-parties.. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks.(pl) |
| Filing 111 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy, Christine H. Chung, et al. dated 10/9/2012 re: Counsel for plaintiff to request an order that Defendants, who have served more than 550 subpoenas requesting loan files and other relevant materials, withdraw their demands that the subpoenaed parties also produce irrelevant documents pertaining to the single-family and multi-family businesses of the GSEs, including whole loan purchases and GSE securitizations. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) |
| Filing 110 Letter addressed to Judge Denise L. Cote from Robert A. Fumerton dated 10/11/2012 re: Counsel for defendants write in response to FHFA's letter dated October 9, 2012, regarding "Loan File Production." Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, Deutche Bank AG, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC Securities (USA) Inc., HSBC USA Inc..(pl) |
| Filing 109 Letter addressed to Judge Denise L. Cote from counsel for Federal Housintg dated 10/9/2012 re: Loan File Production. counsel for plaintiff writes to respectfully request an order directing: (1) Defendants to identify the loan numbers for the loans that Defendants or their vendors reviewed as part of the due diligence they conducted when structuring the Securitizations (the "Due Diligence Samples") by October 15, 2012. Additional relief requested in the manner that is set forth in this Order. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) |
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Filing 108
IT IS HEREBY ORDERED that the telephone conference scheduled for October 11 is cancelled. IT IS FURTHER ORDERED that a conference to address the issues raised in the three sets of letters will be held on Monday, October 15 at 2:30 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the parties shall meet and confer regarding each of the issues raised in the letters prior to the October 15 conference. IT IS FURTHER ORDERED that no later than 10:00 AM on October 15, defendants shall e-mail to the Court and FHFA submissions as described herein. (Signed by Judge Denise L. Cote on 10/11/12)(SAH)
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| Filing 107 STATUS REPORT. / Expert Report Of Charles D. Cowan, Ph.D. Regarding The Selection Of Statistically Valid Random Samples Of Mortgage Loans For Fifteen FHFA Actions Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Part 1), #4 Exhibit 3 (Part 2), #5 Exhibit 4, #6 Appendix 1 (Redacted), #7 Appendix 2 (Redacted), #8 Appendix 3 (Redacted), #9 Appendix 4 (Redacted), #10 Appendix 5 (Redacted))(Kasowitz, Marc) |
| Filing 106 ENDORSED LETTER addressed to Hon. Denise Cote from Plaintiff Federal Housing Finance Agency dated 10/10/12 re: Request to file a single opposition brief, not to exceed 95 pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/10/12)(SAH) |
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Filing 105
ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED as follows: (1) Certain deadlines prescribed by the Scheduling Order shall be adjusted by 20 days (or the next business day thereafter), as follows: Status conference for all parties in all actions: November 15, 2012 at 2 p.m.; Depositions begin in all cases: January 22, 2013; All fact and expert discovery in the UBS Action must be completed: July 5, 2013; Deadline to file any summary judgment motions in the UBS Action: TBA; Opposition to summary judgment motions due in the UBS Action: TBA; Reply briefs in support of summary judgment motions due in the UBS Action: August 30, 2013. (2) All responses and objections to outstanding document requests shall be served by October 10, 2012; and (3) Plaintiff shall provide to Defendants its proposed sampling protocols for all actions for which it has not yet done so by October 10, 2012. ( Status Conference set for 11/15/2012 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/5/2012) (mro)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/4/2012. (Court Reporter Rose Prater) (gr) |
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Filing 104
SCHEDULING ORDER: On October 1, the Court of Appeals denied the motion of defendant UBS to stay proceedings in these coordinated cases pending resolution of UBSs appeal from this Courts May 4, 2012 Order. It is herebyORDERED that the June 14 Pretrial Scheduling Order is amended as follows: 10/11/12 -- Deadline for reply in Fraud Claim Cases; 10/19/12 -- Deadline for opposition in Non-Fraud Claim Cases; 11/9/12 -- Deadline for reply in Non-Fraud Claim Cases. (SAH)
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| Set/Reset Deadlines: Request for Production of Documents due by 9/30/2012. (pl) |
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Filing 103
ORDER: In an Opinion and Order of May 4, 2012, this Court denied the motion of UBS Americas and its affiliated entities to dismiss on timeliness grounds plaintiff's securities law claims in case number 11 Civ. 5201 (DLC) (the "UBS Matter"). On June 19, the Court certified the timeliness issue for interlocutory appeal pursuant to 28 U.S.C. 1292(b) (the "Certification Order"), and the Court of Appeals granted leave to appeal on August 14. The appeal will be heard no earlier than November 26, 2012. In the meantime, pursuant to this Court's June 14 Pretrial Scheduling Order, document production in the above-captioned cases is required to be substantially complete on September 30, 2012. Depositions are to begin in all cases in January 2013, and all fact and expert discovery in the UBS Matter must be concluded by June 14, 2013. Trial in the UBS Matter is scheduled to begin on January 13, 2014 at 9:30 a.m. In a letter dated August 17, 2012, UBS seeks, for the first time, a stay of proceedings until the Court of Appeals has resolved the interlocutory appeal in the UBS Matter. The application is made on behalf of not only UBS but also all of the other defendants in the other fifteen related actions filed by the FHFA that are pending before this Court. Together, they seek a stay of all proceedings except for the briefing on the motions to dismiss in the fifteen related actions, or in the alternative, a stay of proceedings except for certain document discovery and the motions to dismiss. The defendants have not shown that their applications for a partial stay should be granted. To grant a stay at this point in the litigation would derail the efforts undertaken to date by the Court and the parties and severely impact opportunities for settlement or coordinated resolution of these cases. A stay of all sixteen actions is even less warranted. Accordingly, it is hereby ORDERED that the defendants' August 17 application for a stay pending appeal is denied. (Signed by Judge Denise L. Cote on 9/4/2012) (pl)
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Filing 102
ORDER: that the parties shall continue to meet and confer at least every two weeks regarding the status of loan-file production. IT IS FURTHER ORDERED that upon identifying any issue with regard to loan-file production that would benefit from the Court's attention, any party may raise that issue with the Court in a letter of no longer than two pages. (Signed by Judge Denise L. Cote on 9/4/2012) (pl)
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| Filing 101 DECLARATION of Penny Shane re: #100 Status Report in Support of Defendants' Coordinated Report on Loan File Production. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Broderick, Vernon) |
| Filing 100 STATUS REPORT. Defendants' Coordinated Report On Loan File Production Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(Broderick, Vernon) |
| Filing 99 STATUS REPORT. FHFA Loan File Status Report Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leung, Kanchana) |
| Filing 98 Letter addressed to Judge Denise L. Cote from Edward J. Bennett dated 8/14/2012 re: Counsel writes to request a conference at which Merrill Lynch will seek leave to file a motion for reconsideration. Document filed by Merrill Lynch & Co., Inc., Merrill Lynch Government Securities, Inc., Merrill Lynch Mortgage Capital, Inc., Merrill Lynch Mortgage Investors, Inc., Merrill Lynch Mortgage Lending, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc.(ft) |
| Filing 97 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Michael Hanin dated 8/15/2012 re: Counsel writes on behalf of FHFA in response to Merrill Lynchs August 14 letter, which attempts to reargue the Courts determinations regarding its document demands directed at the GSEs Single and Multi-Family businesses. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(ft) |
| Filing 96 Letter addressed to Judge Denise L. Cote dated 8/15/2012 re: Counsel for the defendants write concerning the August 14, 2012 letter submitted by Merrill Lynch & Co. concerning its proposed Motion for Reconsideration. This letter was submitted by Penny Shane, Sharon L. Nelles, Jonathan M. Sedlak, Thomas C. Rice, David J. Woll, Alan C. Turner, David H. Braff, Brian T. Frawley, Jeffrey T. Scott, Joshua Fritsch, Richard W. Clary, Michael T. Reynolds, Richard H. Klapper, Theodore Edelman, Michael T. Tomaino, Jr., Richard A. Spehr, Michael O. Ware, Jay B. Kasner, Thomas J. Nolan, Scott Musoff, Robert A. Fumerton, James P. Rouhandeh, Brian S. Weinstein, Daniel L. Schwartz, Nicholas N. George, Jane M. Morril, Thomas C. Rice, David J. Woll, Alan Turner, Greg A. Danilow, Vernon Broderick, Brad S. Karp, Susanna M. Buergel, Bruce Clark, and George Zimmerman. Document filed by Peter C. Aberg, Howard S. Altarescu, Robert J. Christie, GS Mortgage Securities Corp., Kevin Gasvoda, Michelle Gill, Goldman Sachs Mortgage Company, Goldman Sachs Real Estate Funding Corp, Goldman, Sachs & Co., David J. Rosenblum, Jonathan S. Sobel, Daniel L. Sparks, The Goldman Sachs Group Inc., Mark Weiss, HSBC Bank USA. N.A., HSBC Markets (USA) Inc., HSBC North America Holdings Inc., HSBC USA Inc., HSI Asset Securitization Corporation, Arnaud Denis, Abner Figueroa, Orlando Figueroa, SG Americas Securities Holdings, LLC, SG Americas Securities, LLC, SG Americas, Inc., SG Mortgage Finance Corp., SG Mortgage Securities, LLC, Tony Tusi, Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC, CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets Realty Corp., Citigroup Mortgage Loan Trust Inc., Randall Costa, Evelyn Echevarria, Scott Freidenrich, Richard A. Isenberg, Susan Mills, Peter Patricola, Jeffrey Perlowitz, Mark I. Tsesarsky, Barclays Bank Plc,, Barclays Capital Inc., John Carroll, Paul Menefee, Securitized Asset Backed Receivables LLC, Michael Wade, Gerald L. Baker, Charles G. Burkett, FTN Financial Securities Corporation, First Horizon Asset Securities, Inc, First Horizon National Corporation, First Tennessee Bank National Association, Peter F. Makowiecki, Thomas J. Wageman, Ace Securities Corp., DB Structured Products, Inc., Deutsche Bank AG, Deutsche Bank Securities Inc., Mortgageit Securities Corp., Taunus Corporation, Jeffrey A. Altabef, Asset Backed Securities Corporation, Credit Suisse (USA), Inc., Credit Suisse First Boston Mortgage Acceptance Corporation, Credit Suisse First Boston Mortgage Securities Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., Joseph M. Donovan, John P. Graham, Juliana Johnson, Steven L. Kantor, Andrew A. Kimura, Zev Kindler, Michael A. Marriott, Carlos Onis, Greg Richter, Thomas E. Siegler, Thomas Zingalli, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, David Findlay, Nathan Gorin, N. Dante Larocca, John McCarthy, Nomura Asset Acceptance Corporation, Nomura Credit & Capital, Inc., Nomura Holding America, Inc., Nomura Home Equity Loan, Inc., Nomura Securities International, Inc., Bear Stearns & Co., Inc., Bear Stearns Asset Backed Securities I LLC, EMC Mortgage LLC, Goldman, Sachs & Co., J.P. Morgan Acceptance Corporation I, J.P. Morgan Mortgage Acquisition Corporation, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Long Beach Securities Corporation, Structured Asset Mortgage Investments II Inc., WAMU Asset Acceptance Corporation, WAMU Capital Corporation, Washington Mutual Mortgage Securities Corporation, Alexander C. Frank, Howard Hubler, Gail P. McDonnell, Morgan Stanley, Morgan Stanley & Co., Inc., Morgan Stanley ABS Capital I, Inc., Morgan Stanley Capital I, Inc., Morgan Stanley Mortgage Capital Holdings LLC, Craig S. Phillips, RBS Securities, Inc., Saxon Asset Securities Company, Saxon Capital, Inc., Saxon Funding Management LLC, Steven S. Stern, David R. Warren, John E. Westerfield.(ft) |
| Filing 95 NOTICE OF APPEARANCE by Scott Kurtis McCulloch on behalf of Federal Housing Finance Agency (McCulloch, Scott) |
| Filing 94 NOTICE OF APPEARANCE by Eric Brendan Bruce on behalf of Federal Housing Finance Agency (Bruce, Eric) |
| Filing 93 DECLARATION of Vernon S. Broderick in Support re: #91 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Part1, #3 Exhibit 2 - Part 2, #4 Exhibit 2 - Part 3, #5 Exhibit 2 - Part 4, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5)(Broderick, Vernon) |
| Filing 92 MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Broderick, Vernon) |
| Filing 91 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(Broderick, Vernon) |
| Filing 90 DECLARATION of James P. Rouhandeh in Support re: #88 MOTION to Dismiss.. Document filed by Morgan Stanley & Co. Inc.. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit A (Part 3), #4 Exhibit A (Part 4), #5 Exhibit A (Part 5), #6 Exhibit A (Part 6), #7 Exhibit A (Part 7), #8 Exhibit A (Part 8), #9 Exhibit A (Part 9), #10 Exhibit A (Part 10), #11 Exhibit A (Part 11), #12 Exhibit A (Part 12), #13 Exhibit B (Part 1), #14 Exhibit B (Part 2), #15 Exhibit B (Part 3), #16 Exhibit B (Part 4), #17 Exhibit B (Part 5), #18 Exhibit B (Part 6), #19 Exhibit B (Part 7), #20 Exhibit B (Part 8), #21 Exhibit B (Part 9), #22 Exhibit B (Part 10), #23 Exhibit C)(Rouhandeh, James) |
| Filing 89 MEMORANDUM OF LAW in Support re: #88 MOTION to Dismiss.. Document filed by Morgan Stanley & Co. Inc.. (Rouhandeh, James) |
| Filing 88 MOTION to Dismiss. Document filed by Morgan Stanley & Co. Inc..(Rouhandeh, James) |
| Filing 87 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/10/2012 re: We write on behalf of Defendants to address the three-page letter to the Court Plaintiff filed at 11:58 pm on August 9, concerning the effort to collect loan files from third parties. Because Plaintiff's midnight letter disregards this Court's two-page limit and the parties' practice of submitting to the Court simultaneously, and because it invites the Court to rule based on numerous inaccuracies, Defendants respectfully request that the Court consider the following facts as further set forth in this letter. Document filed by Credit Suisse Securities (USA) LLC, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc..(tro) |
| Filing 86 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/9/2012 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to the Court's direction that the parties provide a status update and proposed orders to facilitate the third party production of loan files and suggest ways of moving loan file production forward in the upcoming weeks. Document filed by Federal Housing Finance Agency.(tro) |
| Filing 85 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/9/2012 re: We write on behalf of Defendants in response to the Court's direction at the July 31, 2012 conference that the parties provide a status report and proposed orders with respect to loan file production by third parties. Document filed by Credit Suisse Securities (USA) LLC, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc.(lmb) |
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Filing 84
ORDER governing Loan File discovery and party exchange of information. By noon on 8/29/12, the parties shall file reports comprehensively setting forth the status of production of all loan files. There will be a telephone conference to address any outstanding production issues on 8/30/12 at 3:00 PM.(Signed by Judge Denise L. Cote on 8/10/12)(SAH)
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| Filing 83 PLAINTIFFS JULY 30 AND JULY 31 SUBMISSION TO THE COURT REGARDING DOCUMENT RETENTION. That for the reasons that are set forth in this Order, FHFA respectfully requests that the Court reject defendants request for additional designees or for additional time on these topics. Document filed by Federal Housing Finance Agency.(pl) |
| Filing 82 Letter addressed to Judge Denise L. Cote from David J. Woll dated 7/31/2012 re: Counsel for Defendants writes re: DEFENDANTS JULY 31 SUBMISSION REGARDING DOCUMENT RETENTION: Defendants respectfully submit this response to Plaintiff's July 30 letter concerning the Rule 30(b)(6) testimony on document retention issues provided by Plaintiff to date. That letter fails to answer the fundamental question whether Freddie Mac still possesses relevant emails for some or all of its document custodians or, instead, whether they have been permanently deleted as a result of a 30-day automatic deletion protocol (the "Protocol"). Plaintiff first disclosed the Protocol to Defendants the week of June 25, stating that (i) the Protocol was in place from 2004 to September 2008, (ii) pursuant to the Protocol all emails that employees did not affirmatively save were "overwritten" after 30 days, and (iii) any emails affirmatively saved by an employee would have been discarded if that employee left Freddie Mac prior to September 2008. Particularly given the inconsistencies that are set forth in this letter, Defendants take little comfort from Plaintiffs statement made for the first time yesterday that it "has significant amounts of electronic information, including e-mail, for the relevant time period" for 38 of the 51 Freddie Mac custodians it proposes. Plaintiff still has not informed Defendants whether large portions of potentially relevant emails have been destroyed or for which custodians and over what time periods such gaps may exist. Plaintiff claims that the recent addition of 43 custodians should "ameliorate any concern about missing electronic information," but that is hardly the case, since many of these are Fannie Mae custodians and Defendants do not know what, if any, electronic information exists for the additional Freddie Maccustodians. If Plaintiff needs more time to answer the question, then a timetable should be established. But Plaintiff should not be permitted to ignore repeated requests and narrowly parse deposition topics to avoid answering the question until the document discovery deadline has passed. Document filed by Credit Suisse Securities (USA) LLC, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc..(pl) |
| Filing 81 DEFENDANTS SUBMISSION FOR JULY 31, 2012 HEARING: Plaintiff has attempted to prevent discovery of relevant information, including through its refusal to testify about most topics in Defendants June 28 Rule 30(b)(6) notice (the Notice). Despite having agreed to early Rule 30(b)(6) depositions for the purpose of identifying appropriate ESI custodians (see June 7 Rule 26(f) Report at 6) and despite the absence of burden, Plaintiff indicated that it would seek a protective order rather than provide even the identities of certain individuals and the responsibility of groups other than the "private label" or "non-agency" departments of the GSEs (collectively, "PLS") with knowledge concerning, inter alia, the same loan originators (the "Originators") involved in the securitizations at issue (the "Securitizations"). Similarly, Plaintiff refuses to respond to Defendants Interrogatory No. 3, which seeks the identity of employees responsible for the GSEs direct relationships and dealings with the Originators. Accordingly, Defendants respectfully request that the Court compel Plaintiff to testify as to each of the topics contained on Defendants Notice; identify personnel responsible for dealings and relationships with Originators, in response to Interrogatory No. 3; and produce documents and information relating to GSE institutional knowledge. Document filed by Credit Suisse Securities (USA) LLC, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc.. (Attachments: #1 Supplement Submission Part 2, #2 Supplement Submission Part 3)(pl) |
| Filing 80 PLAINTIFF'S JULY 30, 2012 SUBMISSION TO THE COURT REGARDING DEFENDANTS' CUSTODIAN REQUESTS: We write in response to Defendants demands for overly broad and irrelevant discovery untethered to the materials used by the GSE personnel actually responsible for entering into the transactions at issue. FHFA is producing all responsive, non-privileged documents to the extent they reflect the GSEs knowledge of facts regarding the specific Securitizations at issue, or relate to the purchase or evaluation of such Securitizations, and has designated every custodian who would likely have such documents. The Court should therefore reject Defendants overreaching demands. Document filed by Federal Housing Finance Agency.(pl) |
| Filing 79 NOTICE OF APPEARANCE by Maureen Ann Fitzgerald on behalf of Credit Suisse Securities (USA) LLC (Fitzgerald, Maureen) |
| Filing 78 NOTICE OF APPEARANCE by Keara A. Bergin on behalf of Credit Suisse Securities (USA) LLC (Bergin, Keara) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 7/31/2012. (Court Reporters Sonia Huggins and Tom Murray) (gr) |
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Filing 77
ORDER: ORDERED that a conference will be held to address these and any other outstanding discovery issues on July 31, 2012 at 3:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 7/31/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/24/2012) (ama)
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| Filing 76 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Jay B. Kasner dated 7/18/2012 re: On behalf of all parties to the above-referenced Actions, and pursuant to Local Civil Rule 37.2 and Section 2(C) of this Court's Individual Practices, we write to (i) update the Court on a dispute the parties have over the proper scope of a Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff that was noticed by Defendants on June 28, 2012, and (ii) respectfully request that the Court enter an agreed-upon briefing schedule for Plaintiff's anticipated Motion for a Protective Order on this subject. (rjm) |
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Filing 75
ORDERED that the Court will hold a telephone conference to discuss these matters today, July 19, at 4:00 PM. Parties wishing to participate in the call should contact liaison counsel for the plaintiff or the defendants. (Telephone Conference set for 7/19/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/19/2012) (djc)
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Filing 74
STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, and as further provisions set forth in this order. (Signed by Judge Denise L. Cote on 7/18/2012) (rjm)
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| Filing 73 AMENDED COMPLAINT against Credit Suisse Securities (USA) LLC, GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company, Morgan Stanley & Co. Inc. Document filed by Federal Housing Finance Agency. (Attachments: #1 Appendix A)(lmb) (Additional attachment(s) added on 7/6/2012: #2 service) (ml). |
| Filing 72 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jay Kasner, Manisha Sheth, Adam Absensohn, Christine Chung and Michael Hanin dated 6/21/2012 re: Counsel writes on behalf of all parties to the above-captioned actions to update the Court on the parties' discussions regarding electronic discovery and to respectfully request a seven-day adjournment, from June 25, 2012 to July 2, 2012, of the date by which the parties must report any agreement or remaining disagreements to the Court. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/22/2012) (jfe) |
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Filing 71
SCHEDULING ORDER: Plaintiff was required to have filed amended pleadings in the "Fraud Claim Casesn: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC}, 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC. Deadline to amend the pleadings in the "Non-Fraud Claim Cases": 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11 Civ. 6200 (DLC), 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ. 7048 (DLC). Any motion to dismiss in Fraud Claim Cases due by 7/13/12. Opposition due by 9/7/12. Any reply due by 9/28/12. Any motion to dismiss in Non-Fraud Claim Cases due by 8/17/2012. Opposition due by 10/5/12. Any reply due by 10/26/12. Document production in all cases must be substantially complete by 9/30/12. There will be a status conference for all parties in all actions at 10:30 a.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York on 11/9/12. Depositions begin in all cases by 1/2/13. All fact and expert discovery must be completed by 6/14/13. Deadline to file any summary judgment motion in UBS by 7/12/13. Opposition due by 8/9/13. Any reply due by 8/30/13. All fact and expert must be completed by 12/6/13. The Joint Pretrial Order must be filed in UBS by 12/6/13 in the manner that is set forth in this Order. Opposition to any motion in limine due by 12/13/13. Any reply due by 12/20/13. The trial in UBS will begin at 9:30 a.m. on 1/13/14. Deadline to file any summary judgment motion in cases other than UBS by 1/24/14. Opposition due by 3/21/14. Any reply due by 4/11/14. Joint Pretrial Orders must be filed in Tranche 2 cases: 11 Civ. 6188 ("Chase") and 11 Civ. 6202 ("Merrill") by 5/2/14. Opposition to any motion in limine due by 5/9/14. Any reply due by 5/16/14. Trials will begin in Chase and Merrill on 6/2/14. In the event Chase settles before trial, a Tranche 3 case will also go to trial on 6/2/14 or shortly thereafter. Joint Pretrial Orders must be filed in Tranche 3 cases: 11 Civ. 6192 ("Deutsche Bank"); 11 Civ. 6198 ("Goldman Sachs"); and 11 Civ. 6200 ("Credit Suisse") by 8/1/14. Opposition to any motion in limine due by 8/15/14. Any reply due by 8/22/14. Trials will begin in Deutsche Bank, Goldman Sachs and Credit Suisse by 9/29/14. Tranche 4 trials begin on 1/2015. Tranche 4 will contain all remaining cases that have not settled. Additional relief as set forth in this Order. (Signed by Judge Denise L. Cote on 6/14/2012) (pl) Modified on 6/15/2012 (pl).
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Filing 70
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Denise L. Cote on 6/14/2012) (pl)
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| Filing 69 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James C. Francis. Please note that this is a reassignment of the designation only. (pgu) |
| Mailed notice re: #69 Notice of Redesignation to Magistrate Judge to the attorney(s) of record. (pgu) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 6/13/2012. (Court Reporters Linda Fisher and Toni Stanley) (gr) |
| Filing 68 STATUS REPORT. Defendants' Supplemental Submission Regarding Certain Developments Bearing On The June 6, 2012 Rule 26(f) Joint Report. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit A)(Broderick, Vernon) |
| Filing 67 DECLARATION of Christopher M. James, Ph.D. in Support re: #65 Status Report,. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Exhibit 1, #5 Exhibit 2)(Broderick, Vernon) |
| Filing 66 DECLARATION of Arnold Barnett, Ph.D. in Support re: #65 Status Report,. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1a - 1h, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4 - 4a)(Broderick, Vernon) |
| Filing 65 STATUS REPORT. Defendants' Submission Regarding Sampling Protocols Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1)(Broderick, Vernon) |
| Filing 64 STATUS REPORT. Defendants' Separate Submission re: Joint Rule 26(f) Report Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Broderick, Vernon) |
| Filing 63 STATUS REPORT. Supplemental Submission in Support of its Proposed Sampling Protocol Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kasowitz, Marc) |
| Filing 62 STATUS REPORT. Rule 26(f) Report Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit 1)(Kasowitz, Marc) |
| Filing 61 STATUS REPORT. Joint Rule 26(f) Report Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
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Filing 60
STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Denise L. Cote on 5/30/2012) (ama)
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Filing 59
ORDER: The plaintiff's proposed schedule is adopted. Amended pleading shall be filed in the following cases by June 13, 2012: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC), 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC). By June 28, 2012, plaintiff shall file amended pleadings in the remaining cases: 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11Civ. 6200 (DLC) 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ.7048 (DLC). A conference for all parties in all actions on June 13, 2012 at 3:00 p.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 6/13/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Sidney H. Stein on 5/25/2012) (jar)
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Filing 58
ORDER. It is hereby Ordered that Highly Confidential Material may be disclosed to an unlimited number of FHFA employees within one of the five FHFA divisions identified in the plaintiff's proposed protective order, provided that disclosure to such individuals is necessary for the prosecution of one or more of these actions, and as further set forth. (Signed by Judge Sidney H. Stein on 5/25/2012) (rjm)
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| Set/Reset Deadlines: Amended Pleadings due by 6/28/2012. (jar) |
| Filing 57 STATUS REPORT. Defendants' Request for Clarification Regarding the Court's Prior Rulings as to the Protective Order. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Danilow, Greg) |
| Filing 56 STATUS REPORT. Plaintiff's Submission Regarding The Proposed Protective Order to Be Entered In The Actions Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kasowitz, Marc) |
| Filing 55 STATUS REPORT. / Plaintiff's Proposed Schedule to Amend Complaints Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
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Filing 54
ORDER: that the defendants in 11 cv 5201 shall answer by 6/22/2012, see document for other deadlines and information. The finalized protective order shall be presented for approval of the Court by 5/25/2012. EACH CASE WILL BE SEPARATELY TRIED. The first tranche will include one case: 5201. The remaining cases will be divided among the three remaining tranches. Any summary judgment motion in 5201 will be fully submitted by May 17, 2013; its pretrial order will be due August 2, 2013. 5201 will be tried during the Fall of 2013. The pretrial orders for the remaining tranches will be filed December 6, 2013; May 2, 2014; and August 1, 2014. At a conference on either 6/13 or 14, a schedule for this litigation will be adopted. Accordingly, by 6/6/2012, the parties shall e-mail submissions tot he Court not exceeding 10 pages that contain their proposals for the scheduling and conduct of discovery in and trial of the 16 cases, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/15/2012) (cd)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Scheduling Conference held on 5/14/2012. (Court Reporter Linda Fisher) (Landers, Rigoberto) |
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Filing 53
ORDER: that, with respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: CoteNYSDChambersnysd.uscourts.gov. A copy shall simultaneously be delivered to all counsel. Thesubject line of the e-mail shall include only the lead party names and docket number. Example: FHFA -v- UBS 11 cv 5201 (DLC). No text should be included in the body of the e-mail. Copies of correspondence between counsel shall not be sent to the Court, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/14/2012) (cd)
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| Filing 52 ENDORSED LETTER addressed to Judge Denise L. Cote from Hector Torres dated 5/11/2012 re: counsel for Plaintiff FHFA hereby consents to removal of the Removed Actions and respectfully requests the Court's permission to withdraw the Remand Motions. The Court previously stated that FHFA can "consent to removal at any time." ENDORSEMENT: Granted. The motions are withdrawn., Motions terminated: (54 in 1:11-cv-07010-DLC) MOTION to Remand to State Court. filed by Federal Housing Finance Agency, as Conservator for the Federal Home Loan Mortgage Corporation, (29 in 1:11-cv-07048-DLC) MOTION to Remand to State Court. filed by Federal Housing Finance Agency, (30 in 1:11-cv-06739-DLC) MOTION to Remand to State Court. filed by Federal Housing Finance Agency as Conservator For The Federal National Mortgage Association and The Federal Home Loan Mortgage Corporation. (Signed by Judge Denise L. Cote on 5/11/2012) (pl) |
| Filing 51 ENDORSED LETTER addressed to Judge Denise L. Cote from Marc E. Kasowitz dated 5/10/2012 re: I am requesting that the Court excuse me from attending Monday's hearing and permit Mr. Hector Torres of our firm to appear on FHFA's behalf. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/11/2012) (rdz) |
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Filing 50
ORDER: that defendants in each of the above captioned cases shall promptly provide the plaintiff with the final closing loan tapes provided to Trustees and loan-level originator information for each of the securitizations at issue. IT IS FURTHER ORDERED that at the May 14 conference, defense counsel in case number 11 Civ. 5201 (DLC) should be prepared to outline what sampling protocol, if any, UBS Securities or its agents used in conducting a due-diligence review of the loans included in the securitizations for which it served as underwriter. (Signed by Judge Denise L. Cote on 5/8/2012) (tro)
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Filing 49
ORDER: In an Opinion and Order of May 4, 2012, the Court granted in part the UBS defendants' January 20 motion to dismiss the Second Amended Complaint in case number 11 Civ. 5201 (DLC). It is hereby ORDERED that there will be a conference for all parties in all actions on May 14, 2012 at 3:00p.m. ( Status Conference set for 5/14/2012 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2012) (pl)
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| Filing 48 STATUS REPORT. Defendants' Separate Submission Regarding the Parties' Proposed Protective Orders Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Danilow, Greg) |
| Filing 47 STATUS REPORT. Plaintiff's Proposal Regarding the Stipulated Protective Order to be Entered in the Actions Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kasowitz, Marc) |
| Filing 46 RESPONSE re: #45 Status Report. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Danilow, Greg) |
| Filing 45 STATUS REPORT. / Plaintiff FHFA's Proposed Sampling Protocol Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
| Filing 44 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillippe Z. Selendy dated 2/15/12 re: Counsel for the Plaintiff Federal Housing Finance Agency (FHFA) requests a brief adjournment to 2/29/12 to permit it to work with its sampling expert to develop a meaningful proposal. Defendants informed FHFA that they consent to this request provided that Defendants be afforded until 3/14/12 to make their submission to the Court, to which FHFA agreed. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/16/2012) (mro) |
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Filing 43
ORDER: Within seven days of the Court's ruling on the motion to dismiss in Federal Housing Finance Agency v. UBS Americas, Inc., et al., 10 Civ. 5201, any defendant who believes that a continuation of the discovery stay is appropriate in its particular case shall submit a letter-brief of no more than five pages setting forth the reasons for which the stay should be continued. In each case in which such a letter-brief is filed, the stay shall be continued until the Court has acted on the application. IT IS FURTHER ORDERED that the plaintiff's application for permission to serve initial document requests is granted. The deadline for responding to these requests will be discussed at any Rule 26(f) conference that may follow a decision on the motion to dismiss. IT IS FURTHER ORDERED that the plaintiff's application for an order directing the parties to exchange proposed custodian and search term lists during the pendency of the discovery stay is denied. IT IS FURTHER ORDERED that in the event the parties do not agree on a protocol for the sampling of loan files, the plaintiff shall submit its proposed protocol by February 20, 2012, and the defendants shall submit their proposed protocol by February 24, 2012. (Signed by Judge Denise L. Cote on 2/6/2012) (ft)
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| Filing 42 STIPULATION REGARDING ELECTRONIC DISCOVERY: that the following specifications shall govern electronic discovery in each of the above captioned actions, pursuant to the provisions of FRCP 34 permitting parties to specify the form or forms in which electronically stored information is to be produced, and as further set forth in this document. (Signed by Judge Denise L. Cote on 2/6/2012) (cd) |
| Filing 41 STATUS REPORT. / Plaintiff FHFA's Proposal for Certain Case Management Issues Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
| Filing 40 STATUS REPORT. Defendants' Report Regarding Certain Case Management Issues Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(Danilow, Greg) |
| Filing 39 STATUS REPORT. / Joint Report Regarding Certain Case Management Issues Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
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Filing 38
ORDER: As set forth at the pretrial conference held on December 2, 2011, it is hereby ORDERED that Mr. Philippe Zuard Selendy of Quinn Emanuel Urquhart Oliver & Hedges shall serve as liaison counsel for plaintiffs in the above-captioned actions, and shall ensure that all plaintiffs' attorneys in these actions receive notice of Court Orders. IT IS FURTHER ORDERED that Mr. Jay B. Kasner of Skadden, Arps, Slate, Meagher & Flom LLP shall serve as liaison counsel for defendants in the above-captioned actions, and shall ensure that all defense attorneys in these actions receive notice Court Orders. IT IS FURTHER ORDERED that deliveries requiring immediate attention shall be delivered to Chambers by hand delivery to the Courthouse entrance located on Worth Street. Counsel or courier shall inform the Court Security Officers that the delivery is for immediate pickup and shall call Chambers or request Court Security Officers to call Chambers. (Signed by Judge Denise L. Cote on 12/16/2011) (mro)
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| Filing 37 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Remand to State Court.. Document filed by Federal Housing Finance Agency. (Kasowitz, Marc) |
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Filing 36
ORDER: In 11-Civ-5201, plaintiffs shall file any amended complaint by December 21, 2011. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by January 6, 2012. Defendants' reply, if any, shall be served by January 27. In 11-Civ-6188, the defendants shall file any motion to dismiss the plaintiffs' complaint by January 6, 2012. The plaintiffs shall file any amended complaint by January 27, 2012. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by February 3, 2012. Defendants' reply, if any, shall be served by February 17, 2012. The parties in all of the cases in the caption above shall submit by January 10, 2012, a joint report, or if necessary separate reports from plaintiffs and from defendants, on the sequencing of discovery, protective orders/ e-discovery, the sampling of loan files, limits on depositions, and the time frames regarding document production, depositions, and expert discovery. (Signed by Judge Denise L. Cote on 12/5/2011) (jar)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 12/2/2011. (mro) |
| Filing 35 DECLARATION of Greg A. Danilow in Opposition re: #29 MOTION to Remand to State Court.. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Danilow, Greg) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Remand to State Court.. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Danilow, Greg) |
| Filing 33 NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Victor Marrero is no longer assigned to the case. (sjo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:11-cv-06188-DLC. (sjo) |
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Filing 32
ORDER: The defendants shall have until December 2, 2011 to submit an Opposition to the Motion to Remand to State Court. FHFA shall have until December 16, 2011 to submit a Reply to defendants' Opposition to the Motion to Remand to State Court. Set Deadlines/Hearing as to #29 MOTION to Remand to State Court: Responses due by 12/2/2011, Replies due by 12/16/2011. (Signed by Judge Denise L. Cote on 11/17/2011) (jar)
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Filing 31
ORDER: It is hereby ORDERED that the time to answer or to move to dismiss the complaint in all actions is stayed, with the exception of the action with docket number 11 Civ. 5201 (the "5201 Action"). The motion to dismiss to be filed in the 5201 Action on December 2, 2011 ("December 2 Motion"), shall address any of the seven grounds identified on pages four and five of the Defendants' Proposal for the Efficient and Convenient Handling of These Cases as potential grounds for common dismissal motions applicable in that action. IT IS FURTHER ORDERED that there will be a conference for all parties in all actions on December 2, 2011 at 2:00p.m. At the conference, the Court will discuss with the parties, inter alia, the scheduling of motion practice and discovery in these actions, and a proposed schedule for any amendment of the complaint in the 5201 Action. Under that proposed schedule, any amended complaint in the 5201 Action in response to any argument made in the December 2 Motion shall be due on December 21, with no further opportunity to amend. If no amendment is made in the 5201 Action, then opposition to the December 2 Motion would be due January 6, 2012. Any reply would be due January 27. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or hand delivery to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007. ( Status Conference set for 12/2/2011 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/16/2011) (lmb)
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| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Remand to State Court.. Document filed by Federal Housing Finance Agency. (Kasowitz, Marc) |
| Filing 29 MOTION to Remand to State Court. Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
| Filing 28 STATUS REPORT. Defendants Proposal for the Efficient and Convenient Handling of These Cases. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(Danilow, Greg) |
| Filing 27 STATUS REPORT. / Plaintiff FHFA's Proposal for the Efficient Administration of the Cases Pursuant to Paragraph 3 of the Court's September 16, 2011 Order Document filed by Federal Housing Finance Agency. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kasowitz, Marc) |
| Filing 26 STATUS REPORT. / Plaintiff and Defendants' Joint Report Pursuant to Paragraph 2 of the Court's September 16, 2011 Order Document filed by Federal Housing Finance Agency.(Kasowitz, Marc) |
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Filing 25
STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties herein that, subject to any further agreement between the parties or Order of this Court: (a) Morgan Stanley's and Credit Suisse's time to move to dismiss, answer or otherwise respond to the Complaint in this action is extended until December 2, 2011; (b) FHFA's time to oppose any motion to dismiss or otherwise respond is extended until March 2, 2012; (c) Morgan Stanley's and Credit Suisse's time to reply, as applicable, is extended until April l6, 2012; (d) neither FHFA nor Morgan Stanley or Credit Suisse waives any rights to seek from each other or the Court, or to oppose, any further adjournments or extensions of these deadlines or any other deadlines; and (e) the entry into this stipulation shall not waive any rights, claims or defenses, including, without limitation, all defenses relating to jurisdiction and venue, all of which are expressly preserved. Credit Suisse Securities (USA) LLC answer due 12/2/2011; Morgan Stanley & Co. Inc. answer due 12/2/2011.( Motions due by 12/2/2011. Responses due by 3/2/2012. Replies due by 4/16/2012.) (Signed by Judge Victor Marrero on 10/18/2011) (lmb)
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Filing 24
ORDER :With the consent of Judge Marrero, the order entered in these cases (other than 11 Civ. 7048) (VM) on September 16,2011 shall apply also to 11 Civ. 7048 (VM).SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/18/2011) (ama)
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| Filing 23 NOTICE OF APPEARANCE by Michael Andrew Hanin on behalf of Federal Housing Finance Agency (Hanin, Michael) |
| Filing 22 NOTICE OF APPEARANCE by Charles Matthew Miller on behalf of Federal Housing Finance Agency (Miller, Charles) |
| Filing 21 NOTICE OF APPEARANCE by Christopher Paul Johnson on behalf of Federal Housing Finance Agency (Johnson, Christopher) |
| Filing 20 NOTICE OF APPEARANCE by Kanchana Wangkeo Leung on behalf of Federal Housing Finance Agency (Leung, Kanchana) |
| Filing 19 NOTICE OF APPEARANCE by Michael S. Shuster on behalf of Federal Housing Finance Agency (Shuster, Michael) |
| Filing 18 NOTICE OF APPEARANCE by Hector Torres on behalf of Federal Housing Finance Agency (Torres, Hector) |
| Filing 17 NOTICE OF APPEARANCE by Marc E. Kasowitz on behalf of Federal Housing Finance Agency (Kasowitz, Marc) |
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Filing 16
STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND AGREED by and between the parties herein that,subject to any further agreement between the parties or Order of this Court:(a) the GE Defendants' time to move to dismiss, answer or otherwise respond to the Complaint in this action is extended until December 2, 2011;(b) Plaintiff's time to oppose any motion to dismiss or otherwise respond is extended until March 2, 2012; the GE Defendants time to reply, as applicable, is extended until April1 6, 2012; (Signed by Judge Victor Marrero on 10/14/2011) (js)
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| Filing 15 NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge J. Paul Oetken is no longer assigned to the case. (pgu) |
| Mailed notice re: #15 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu) |
| Filing 14 NOTICE of Consent in the Removal of this action to the United States District Court for the Southern District of New York pursuant to the Notice of Removal filed on October 6, 2011 by Removing Defendants General Electric Company, General Electric Capital Services, Inc. (d/b/a GE Consumer Finance or GE Money), GE Mortgage Holding, LLC and GE-WMC Securities LLC. Document filed by Morgan Stanley & Co. Inc.. (Rouhandeh, James) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Morgan Stanley Domestic Holdings Inc., Corporate Parent Morgan Stanley Capital Management LLC, Corporate Parent Morgan Stanley, a publicly held corporation that has no parent corporation for Morgan Stanley & Co. Inc.. Document filed by Morgan Stanley & Co. Inc..(Rouhandeh, James) |
| Filing 12 NOTICE OF APPEARANCE by Jane Marion Morril on behalf of Morgan Stanley & Co. Inc. (Morril, Jane) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Removal served on Kasowitz, Benson, Torres & Friedman LLP on October 6, 2011. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company. (Broderick, Vernon) |
| Filing 9 NOTICE OF APPEARANCE by Nicholas Norman George on behalf of Morgan Stanley & Co. Inc. (George, Nicholas) |
| Filing 8 NOTICE OF APPEARANCE by Daniel Jacob Schwartz on behalf of Morgan Stanley & Co. Inc. (Schwartz, Daniel) |
| Filing 7 NOTICE of Consent to Removal of Civil Action re: #1 Notice of Removal,. Document filed by Credit Suisse Securities (USA) LLC. (Clary, Richard) |
| Filing 6 NOTICE OF APPEARANCE by Brian Stryker Weinstein on behalf of Morgan Stanley & Co. Inc. (Weinstein, Brian) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Credit Suisse Group AG for Credit Suisse Securities (USA) LLC. Document filed by Credit Suisse Securities (USA) LLC.(Clary, Richard) |
| Filing 4 NOTICE OF APPEARANCE by James P. Rouhandeh on behalf of Morgan Stanley & Co. Inc. (Rouhandeh, James) |
| Filing 3 NOTICE OF APPEARANCE by Michael T Reynolds on behalf of Credit Suisse Securities (USA) LLC (Reynolds, Michael) |
| Filing 2 NOTICE OF APPEARANCE by Richard W Clary on behalf of Credit Suisse Securities (USA) LLC (Clary, Richard) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GE Mortgage Holding, Inc. for GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C.; Corporate Parent GE for General Electric Capital Services, Inc.. Document filed by GE Mortgage Holding, L.L.C., GE-WMC Securities, L.L.C., General Electric Capital Services, Inc., General Electric Company.(rdz) |
| Filing 1 NOTICE OF REMOVAL from State Court, County of New York. Case Number: 652439-11. (Filing Fee $ 350.00, Receipt Number 465401018385).Document filed by GE Mortgage Holding, L.L.C., General Electric Company, GE-WMC Securities, L.L.C., General Electric Capital Services, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(rdz) |
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